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HomeMy WebLinkAboutResolution - 2001-R0121 - Purchase Order Bid For Diesel Engine Street Sweeper - STM Equipment - 04/12/2001Resolution No. 2001-RO121 April 12, 2001 Item No. 53 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order per Bid 9039-01/RS for a self contained diesel engine street sweeper, by and between the City of Lubbock and STM Equipment of Arlington, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April , 2001. WINDY SITTO ... ATTEST: �AL-X� Rebecca Garza, City Secretary APPROVED AS TO CONTENT: .O��n ��� Victor Kilma , Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/PurchOrd-STM Equipment.res March 30, 2001 City of Lubbock 1�PURCHASE ORDER T0: _ STM EQUIPMENT INC BOX 5626 ARLINGTON TX 76005 Resolution No. 2001-RO121 Page - 1 Date - 4/12/01 Order No. - 200428-000 OP Brn/Pit - 3511 SHIP TO: CITY OF LUBBOCK 324 MUNICIPAL DRIVE LUBBOCK TX 79403 Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt ------------------------------------------ ----------.--- Sweeper per spec 799 1.000 EA 146,648.0000 EA 146,648.00 10/12/01 Total price includes the extended warranty as quoted. This purchase order encumbers funds in the amount of $146,648.00 for a bid awarded STM Equipment Inc. of Arlington, Texas on April 12, 2001 in accordance with your response to ITB #039-01/11S, Self Contained Diesel Engine Street Sweeper. The following are incorporated into and made part of this purchase order by reference: bid submitted by your firm including the Bid Form; Specifications, and General Conditions of ITB #039-01/11S. CITY OF LUBRO-M/- _ A 0, i ATTEST: � Windy Sitton, Mayor v Rebecca Garza, City Secretary v APPROVED AS TO FORM: William de Haas, Competition and Contracts Manager/Attorney Total Order ----------------------------------- t. _ Terms NET 30 146,648.00 Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number ifappliable, (c) Container number and coal number of containers, e.g. box t of 4 boxes, and (d) the numberof the container bearing the packing slip. Seller shall bear cost orpackaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. TERMS AND CONDITIONS IMPORTANT. READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of s bill of lading will operate as a tender ofgoods, 3. TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point orpoiats of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender ofdelivery of goods mist fully comply with all provisions of this contract as to time of delivery quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall or have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then nuke a conforming tender within the contract time but not afterward 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number ifapplieable. Invoices shall be itemized and transportation charges, ifany, shall be listed separately. A copy orthe bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable. City of Lubbock, P. O. Box 2000, Lubbock, Texas 794S7. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is detennined by Buyer that gratuities, in the lona of entertainment, gifts or otherwise, were offered or given by die Seller, or any agent or representative ofthe Seller, to any officer or employee ofthe City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making orany determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount ofthe cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. !f the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by die Seller as such. L WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products ofthe kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty. the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or rewind to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees orbona fide established eomnereial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right orrights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall reader this contract voidable at the option ofthe Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifmations Shan govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free resultin the processidate ng and date related data (including, but not limited o calculating, eompari i and sequencing) ofan hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the ase may be from the effective date of this ContracL Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at is sok option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub.Seller or any third party involved in the creation or development ofthe products and services to be delivered to the City of Lubbock under this Contract Failure to comply with any ofthe obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and arc not subject to any disclaimer orwaaanty, implied or expressed, or limitation ofthe Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer G:PURCHITERMCONDMOC may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. It- NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of ibis contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim orany third person byway of infringement orthe like. Buyer makes no warranty that the production of goods according to the speeifiation will not give rise to such a claun, and In no event shall Buyer be liable to Seller for indenmilication In the event that Seller is sued on the grounds of infringement ofthe like. If Seller is ofthe opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the $I going of this agrcemenL If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the Production ofthe goods in accordance with the specifications will result is infriugemeat or the like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer stall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any pan ofthe undelivered portion of this order if Seller breaches any ofthe terms hereof including warranties ofSeller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION: The performance of work under this order any be tenninated in whole, or in part by the Buyer in accordance with this provision.. Termination orwork hereunder $1120 be erected by die delivery ofthe Seller of a "Notice of Termination" specifying the extent W which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu ofthe rights of Buyer set forth in Clause 13, herein. 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting ifthe fulfillment of any terms ofprovisions of this contract is delayed or prevented by any cause not within the control of the party whose perfonmunce is interfered with, and which by the exercise ofreasonable diligence said party is unable to prevent 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission ofthe Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally befkctive for at purpose unless made in conformity with this paragraph. 17. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation ofthe claim or right unless die waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part cf ha bid, is intended by die parties as a final expression of their agreement and intended also as a complete and exclusive statement orthe teas of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the L'nifomn Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Coninmercial Code as adopted in die State of Tcxas as effective and in force on the . date of this agreement 20. RIGHT TO ASSURANCE. Whenever one party to dais contract in good faith has reason to question the other party's intent to perlomm he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (S) days, the demanding party may treat this failure as an anticipatory repudiation ofthe contract 21. INDEMNIFICATION. Seller shall indemnify, keep and save hammtess the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments. costs and expenses, which may in anywise accrue against the Buyer in consequence ofthe granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission ofthe Seller or its employees, or ofthe subSeller or assign" or its employees, if any, and die Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses wising therefrom of incurred in connection therewith, and, if any judgment shall be tendered against the Buyer in any such action, the Seller shall, at its own expenses. satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify. keep and save harmless and defend the Buyer as herein provided. 22. TIME It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of" agreement will cause Seller to be in default of this agreemenL 23. MSE The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and woven business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against an the grounds of race, color, sex or natural origin in consideration for an award.